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Home My WebLink About12-2108COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ck/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIfT. no. VR nwaa yr ?.. MIDIAND FUNDING LLC CHARLES A CLEMENT JR 09-1-01 ADDRESS OF APPELLANT 12 S-famw Broad St Suite 1660 Philadelphia PA 19109-1003 DATE OF JUDGMENT JIN THE CASE OF lP/einli//1 00-d-f) 1/1 3-15-12 MIDLAND FUNDING LLC ROBERT SCOTT THOMAS VS. CLAIM NO. CV-0000018-12 Arthur GLashi n,T EsquI reNV271I "T /TA 20 f / Attorney for Plaintiff /. LT 20 28-1400 f' This block will be signed ONLY when this notation is required under Pa. If appellant was C/aims (see Pa. R.C.P.J.P. R.C.P.J.P. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No Name of appellees) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To , appellee(s), to file a complaint in this appeal Name of appellees) appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 20 Signature of Prothonotary or Deputy AOPC 312-84 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This goof of service MUST BE FILED WITHIN FIVE- (51 DAYS AFTER filing the notice of appeal. Check ahplicdble poxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served [=J a copy of the Notice of Appeal, Common Pleas No.upon the District Justice designated therein on (date of service) 20 ___ __, I j by personal service by (certified) (registered) mail, sender's --- - -- receipt attached hereto, and upon the appellee, (name) ,. 20_____ 1 by personal service by (certified) (registered) mail, sender's receipt attached hereto. L_] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelleeis) to whom the Rule was addressed on 20 by personal service ! by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was rnade Title of official My commission expires on 20 .9L rFLZ0 qnl a ,t Signature of affiant COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 Arthur Lashin, Esq. 123 S Broad St Suiite 1660 Philadelphia. PA 19109-1003 Midland Funding LLC V. Robert Scott Thomas Docket No: MJ-09101-CV-0000018-2012 Case Filed: 1/20/2012 Disposition Summary Docket IN Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000018-2012 Midland Funding LLC Robert Scott Thomas Judgment for Defendant 03/15/2012 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. MAR 15 2012 a'?& 0(.. OA-2t; 11%41 Date Magisterial District Judge Charles A. Clement Jr I certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/15/2012 4:00:29PM Midland Funding LLC * . V. Robert Scott Thomas Docket No.: MJ-09101-CV=0000018-2012 Participant List - k Private(s) Arthur Lashin, Esq. 123 S Broad St Suiite 1660 Philadelphia, PA 19109-1003 Plaintiff(s) Midland Funding LLC C/O Law Offices of Hayt, Hayt, & Landau,,LLC ' 123 SBroad"Sf, Suite 1660' Philiadelphia, PA 19109-1003 Defendant(s) Robert Scott Thomas 26 Pheasant Ct Mechanicsburg, PA 17055 a 7-? t y F MDJS 315 Page 2 of 2 Printed: 03/15/2012 4:00:29PM r G tint -0 i"* t r_ C3 cri .; n LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 (215) 928-1400 OUR FILE NO. 369973 Attorney for Plaintiff MIDLAND FUNDING LLC P.O. BOX 939019 SAN DIEGO, CA 92123 Vs. ROBERT SCOTT THOMAS 26 PHEASANT CT MECHANICSBURG PA 17055 CIVIL ACTION "NOTICE "You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be en- tered against you by the court without further notice for any mon- ey claimed in the complaint or for any other claim or relief request- ed by the plaintiff. You may lose money or property or other rights important to you. IF YOU CANNOT AFFORD TO FIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA, 17013 800-990-9108 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-2108 TERM. "AVISO "Le han demandado a usted on Is oorte. Si usted quiere defenderse de estas demandas expuestas on las p6ginas siguientes, usted time veinte (20) dias, de plazo al patir de Is fecha de Is demands y Is notificaci6n. Haos falta asentar una oomparencia escrita o on persona o con Lin abogado y entregar a Is torte on forms escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea ovisado qua si usted no as defiende, to corte tomard medidas y puede continuar Is demands an contra suya sin previo aviso o notificaci6n. Adsrrids, to oorte puede decidir a favor del demandante y requiere qua usted cumpla con todas las provisioner de seta demands. Listed puede perder dinero o sus propiedades u otros derechos importantes pare usted. "LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELtFONO A LA OFICINA CUYA DIREW6N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CIVIL ACTION 1. Plaintiff, MIDLAND FUNDING LLC, is a business entity with offices located at 8875 Aero Drive, Suite 200, San Diego, CA 92123. 2. Defendant(s) THOMAS/ROBERT SCOTT is/ are individual(s) residing, upon information and belief, at 26 PHEASANT CT, MECHANICSBURG, PA 17055. 3. As set forth in records maintained on behalf of Plaintiff, this action is based upon a credit agreement entered into between Defendant(s) and the original credit grantor. 4. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant's WASHINGTON MUTUAL account XXXXXXXXXXXX1565 (hereinafter "the account"). i. Defendant(s) used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods and/or services and/or cash advances. 6. The account shows that the defendant(s) owe(s) a balance of $4686.55. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff . and against Defendant(s) in the amount of $4686.55, together with interest and costs/, LAW OFFICES OF HAYT, HAYT & LANDAU, LL Bye Arthur Lashin, Esquire #234t5 Attorney for Plaintiff Page - 1 N,M11' I„",N"11 I,"'MI 8530116646 AFFINDEBT 369973001 Return Mail Only - No Correspondence PO Box 603 m c m O aks, PA 19456 STATEMENT Previous Balance: MCM Account #: 853011.6646 $4,686.55 Interest Rate: Original Account #: 4185862953381565 27.99% Accrued Interest: Statement Date: 01-07-2011 Due Date: 02-06-2011 $2,554.95 Midland Funding Current Owner: LLC Original Creditor: WASHINGTON MUTUAL Current Balance: $7.241.50 Due Date Date Received Transactions Amount 02-06-2011 01-07-2011 The above-referenced account was purchased by $7,241.50 Midland Funding LLC and is serviced by Midland Credit Management, Inc. ("MCM"). The balance of $7,24150 is due now. Please direct all correspondence to: Midland Credit Management. Inc. Current Balance: $7,241.50 Please understand this communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. MAIL PAYMENTS TO: P.O. Box 60578, Los Angeles, CA 90060-0578 MAIL CORRESPONDENCE BUT NO PAYMENTS TO: MC:M's business address at 8875 Aero Drive, Suite 200, San Diego, CA 92123 EXHIBIT A A AY Payment minimum Balance as of Account Number M M Due Date Payment 1210412008 PO. Box 660033. Dales. 1 X 76266-0433 12151108 51,189.00 54,688.35 4185-8629-5338-1565 Dndicate change of address on back AMOUNT ENCLOSED (use blue or black Ink) s ???EI?_?? 000 Make Checks Payable to Washington Mutual 50012379418901 630956 WASHINGTON MUTUAL CARD SERVICES R SCOTT THOMAS P.O. BOX 660487 5220 12TH AVENUE DR W DALLAS TX 75266-0487 BRADENTON FL 34209-4228 4185862953381565 0118300 0468655 0012000 06 DETACH HERE 6092 1656 IYG 1 7 6 081204 PAGE 1 of 1 COLR2045 N000 OIAB6092 630956 Important Messages YOUR ACCOUNT IS PAST DUE AND OVER ITS CREDIT LINE. Please pay the minimum payment listed above along with the overlimit amount immediately. You may also call us at 1-800-280-9441 or visit us at wamucanhelp.comfor payment options Account Summary Statafnent C Date 12/04108 Credits & Payments - $0.00 Credit Line $4.000.00 Cash Advarlm + $0.00 AvWWA Croft for Cast Advances as of 12104/08 $0.00 NEW BALANCE = $4,686.55 Transactions bate Description Amount No Activity This Month FOR BILLING ERRORS AND IMPORTANT INFORMATION, SEE REVERSE OF PAGE 1 Balance Category Average Dally Periodic Corresponding Finance Grace Daily Balance Rate APR Charges Terms Purchase - Current Cycle $3,851.33 .0781 W 28.49%' $84.22 Term A Cash - Current Cycle $782.54 .0781 W 26.49%' $17.11 Term B Effective ANNUAL PERCENTAGE RATE (APR) : 26.24% 'These rates may vary. The Corresponding APR is the rate of interest you pay when you carry a balance on purchases or cash advances. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. For 244hour Automated Account Information, please call 1-800-292-4708 or visit us at www.wamucards.com Your account Is Issued by Washington Mutual Bank, Henderson, NV. EXHIBIT A Verification Emily Walker, being duly sworn (or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"), servicer of this account on behalf of plaintiff. I am authorized to make this verification on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct upon information and belief. " ? ry 1 n i1 !+ f +-' f1 L ? L; ? l Date STATE OF MINNESOTA COUNTY OF STEARNS ?t? I s: Signed and sworn to (or affirmed) before me on (Seal) EffERA JENDERSEC N* PuWaMinnesot ?yCamin b F. 0im.31,1016 PA10 Hayt, Hayt & Landau, LLC by Emily Walker. Page - 2 INIIN111 ININ1111N11 1/1111/11 8530116646 AFFINDEBT 369973001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??,tttttp qi 4tt?ut?i?,{?i?G HE PROTf-IOHO 'l 2412 MAY -8 AM g. 55 Ptj#j LVANIA TI OF F F-F Midland Funding, LLC vs. Robert Scott Thomas Case Number 2012-2108 SHERIFF'S RETURN OF SERVICE 04/26/2012 06:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2012 at 1813 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert Scott Thomas, by making known unto Kyle Thomas, Son of Defendant at 26 Pheasant Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.45 April 27, 2012 DENNI RY, DEPUTY SO ANSWERS, RON ~ R ANDERSON, SHERIFF p CCUMYSAO Sher Yf. Te!acS0+'t, !r', In the Court Of Cumberland County Common Pleas Civil Division State Of Pennsylvania LAW OFFICES OF HAYT, HAYT &LANDAU, LLC Identification No. 232451 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 File NO. 369973 MIDLAND FUNDING LLC P.O. BOX 939019 SAN DIEGO, CA 921123 vs ROBERT SCOTT THOMAS 26 PHEASANT CT NOTICE OF APPEARANCE NO. 12-2108 C-) ZM -? M --- -o . - c r , , n C 3 C3- r ?.. CIVIL ACTION 1. 1 DENY THIS IS A TRUE STATEMENT I am not familiar with this company and not sure money is owed 2. 1 ADMITT THIS IS A TRUE STATEMENT I do live at that address 3. 1 DENY THIS IS A TRUE STATEMENT I have not seen these records and do not know if they're true 4. 1 DENY THIS IS A TRUE STATEMENT I am not familiar with such obligations I am being sued upon. 5. 1 DENY THIS IS ATRUE STATEMENT I would need to see all records pertaining to services obtained and/or cash advances. 6. 1 DENY THIS IS A TRUE STATEMENT I do not agree with the balance and past statements included or cash advances. Records would need to be produced from the Plaintiff. ROBERT SCOTT THOMAS MAY 10, 2012 LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Arthur Lashin, Esquire Identification No. 23425 123 S. Broad Street Suite 1660 Philadelphia, PA 19109-1003 (215) 928-1400 OUR FILE NO: 369973 IMIDLAND FUNDING LLC 7S. IIROBERT SCOTT THOMAS i Attorney for Plaintiff „ `gL",?tiD LO1r CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 12-2108 PRAECIPE TO DISCONTINUE WfTHOUT PREJUDICE PTO THE PROTHONTARY: Kindly discontinue the above captioned matter without prejudice. LAW OFFICES OF HAYT, HAYT & LANDAU, LLC By: Attorney for Plaintiff